Ross Runkel

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Drinking at an office party + Car wreck. Employer liable?

An employee says she was pressured by her supervisor to go to an after-work event – so she could move up in the organization. She says the supervisor encouraged her co-workers to drink.

She got drunk, and then drove the wrong way on the interstate, got in a wreck, and was injured.

Of course, she sued the employer and the supervisor.

The defense was based on an Oregon "social host statute" which immunizes social hosts from lawsuits based on serving alcohol to someone who then goes out and gets injured.

The Oregon Supreme Court says the employee can still sue the employer and the supervisor for negligence for their acts OTHER THAN serving alcohol. Schutz v. La Costita III (Oregon 03/14/2019) [PDF].

She might not win, but the employer has no statutory immunity.